Jerry and Kramer enter a contract for Jerry to buy Kramer's pet rooster for $ 30.

1. Jerry and Kramer enter a contract for Jerry to buy Kramer's pet rooster for $ 30. Kramer changes his mind and no longer wishes to sell the rooster because he bought the rooster only a few months ago from someone else for $300 and the fair market value of the rooster is at least $480. Can Kramer cancel the contract?

Yes, because the consideration is unreasonable.

Yes, because the contract was not in writing and violates the statute of frauds.

No.

None of the above.

2. Jerry is angry that Kramer will not sell the rooster. One day, Kramer's rooster escapes Kramer's house and runs to a nearby park. Jerry sees the rooster and thinks, "now is my chance!" Jerry grabs the rooster and takes it home. He puts an advertisement on craigslist and sells the rooster for $600. What is Kramer's best claims against Jerry?

Trespass

Battery

Conversion

Trespass to chattel

3. Today is June 10, 2016. Lilly contracted to purchase 500 boxes of beads from the Marshall Bead Company. The parties agreed that Marshall Bead Company would deliver the products on August 1, 2016. If Marshall Bead Company contacts Lilly and says that they will not be able to deliver on August 1, 2016, when can Lilly sue?

Never

After August 1, 2016 if the beads are not delivered

Right away

At the end of the year

4. A year earlier, Robin contracted to purchase 500 boxes of beads from the Marshall Bead Company. The parties agreed that the Marshall Bead Company would deliver the beads on August 1, 2015. After the contract was signed on March 1, 2015, Robin never heard from the Marshall Bead Company again, and the beads were never delivered. The contract says that in the event of breach Robin can collect $5,000 in damages, which was a reasonable estimate of the damages that would likely be incurred by Robin in the event of the breach. These damages are called

Compensatory damages

Consequential damages

Punitive damages

Liquidated damages

5. Same facts as above, except that the reasonable estimate of $5,000 in damages that would likely be incurred by Robin in the event of breach turned out to be less than Robin's actual damages. Robin actually incurred $7,500 in damages as a result of the breach. How much will Robin get if she sues?

Nothing

$5,000

$7,500

$12,500

The burden of proof in a civil case is:

Preponderance of the evidence / more likely than not.

Beyond a reasonable doubt

Beyond a reasonable preponderance

30% likely

The burden of proof in a criminal case is:

Preponderance of the evidence / more likely than not.

Beyond a reasonable doubt

Beyond a reasonable preponderance

79% likely

8. The most serious crime is a

Felony

Misdemeanor

Violation

9 The least serious crime is a

Felony

Misdemeanor

Violation

10. Chris and Kate are at a pool party. Chris approaches Kate from behind and pushes her in the pool. Kate is injured. Which of the following torts has Chris committed?

a. Assault.

b. Battery.

c. Assault & Battery. d. None of the above.

A contract for the sale of 5 million frozen pizzas is governed by:

The Uniform Commercial Code (UCC)

Common Law

None of the above

Phil is a professional clown. Jay signs a contract with Phil for Phil to perform at a

birthday party. The contract is governed by:

The Uniform Commercial Code (UCC)

Common Law

None of the above

13. Brittany contacts Frank's Furnace Company about fixing her furnace. Frank offers to fix the furnace for $1,200 and says he will come to the house to provide the service on May 3rd. Brittany says, "I accept your offer, but I need you to fix the furnace by May 2nd." Frank does not reply, and does not come to fix the furnace. Brittany sues Frank. What result?

a. b. c. d.

14. All of the a. b. c. d. e.

Brittany wins, because Frank breached.

Frank wins because there is no consideration

Frank wins.

Brittany wins, because Frank did not perform when he said he would.

following are elements of negligence EXCEPT: Duty

Breach Damages Causation Intent

15. Scrappy's Whale Watching Adventures is located on the Oregon coast. Scrappy takes tourists out to the Ocean to watch whales. One day, Scrappy knew that bad weather was anticipated, but his company could not afford to cancel trips, so he chose to take the tourists on the trip anyway. The tourists were trapped in the Ocean much longer than anticipated and some had to seek counseling due to the trauma of being on the board during the storm. What is the tourists' best claim against Scrappy?

Negligence

Trespass

Assault

Defamation

16. Same facts as above. If Scrappy cancelled the tour and breached a contract with the tourists, what is his best defense?

He did not have capacity to drive the boat in poor weather conditions

Impracticability or Impossibility

To drive the boat in poor conditions would only be a result of undue influence.

Negligence

Federal courts do not have jurisdiction over:

actions arising under a federal statute

any matters arising under state law, no exceptions

any matters arising under federal law, no exceptions

none of the above

Joan's Cup of Joe Coffee Shop wants to sell more coffee. Joan decides to put famous

athlete, Joe Montana's face on her coffee cups. Joe learns Joan is using his face on her cups without his permission and wants to sue her. What is his best claims?

Fraud

Trespass

Conversion

Appropriation of Identity

19. A contract must be in writing if:

it is governed by the Uniform Commercial Code

it is a contract involving consideration.

it is an employment contract.

it is a contract covered by the statute of frauds

20. _____________________ is the final authority on interpreting the US Constitution.

the states

Congress

the US Supreme Court

The state supreme court

The US President

21. Paul wants to plant a garden, and he agrees to buy a small piece of land from Peter for $700. The agreement is not in writing, is it a valid, enforceable contract?

Yes

No

22. Paul wants to hire Peter to teach him basic gardening techniques, Paying him $10 per hour. Peter agrees. The agreement is not in writing, is it a valid, enforceable contract?

Yes

No

Defamation is a tort

True

False

Corvallis-Albany Candle Company faxes an order form to Candle Manufacturing

Company (CMC) offering to purchase 10,000 yellow candles at $1.00 each. CMC replies by fax and says "sounds good,—we're very busy, so delivery will be next month". How will CMC''s response be treated?

As a counter-offer and rejection

As an acceptance with additional terms proposed that will not automatically

become part of the contract.

c. As an acceptance with additional terms that will become a part of the contract unless the original offer was condition upon CMC not proposing additional terms, the additional terms do not materially alter the contract, and Corvallis-Albany Candle Company does not object to the additional terms within a reasonable period of time.

d. As a rescission

25. Corvallis-Albany Candle Company faxes an order form to Candle Manufacturing Company (CMC) offering to purchase "an order of candles—yellow, red and blue—at $1 each, to arrive within one week." Is this a valid offer?

Yes

No.

26. Jason offers to sell Freddie his commercial building on Elm St. for $1million. Freddie responds, "I'll give you $900,000." Jason does not respond. Can Freddie later accept Jason's offer to sell the building for $1million?

Yes

No, Freddie's counter-offer was a rejection of Jason's offer to sell for $1 million.

Yes, if he does so within a reasonable amount of time

None of the above

27. I offer a $200 reward for whomever finds my lost dog. You see my announcement regarding the award on a sign at the grocery store. You find my dog. Is that acceptance of my offer?

Yes, but only if my dog is worth $200

No.

Yes

None of the above

28. Braxon Guitar Company offers to sell 25 guitars at $450 each to ABC Music Store. ABC Music Store accepts. One week later, Braxon contacts ABC stating that they will not sell the guitars for less than $475 each. ABC agrees to modify the contract and pay $475 per guitar. Braxon and ABC sign a new contract. After delivery, ABC pays only $450 per guitar. Does ABC owe the additional $25 per guitar?

Yes.

No

30. States must give full faith and credit to the judgments of other states:

If the state agrees with the decision of the other state

never

always

if the laws within the states are consistent

31 The ________________________ requires that courts not look at evidence outside the four corners of the contract when interpreting the terms of a contract.

Mens rea

the statute of frauds

the parole evidence rule

none of the above

32. We determine whether a party has acted negligently by asking whether the harm done was a(n) ___________________ result of the party's conduct.

Reasonable

Inevitable

Intentional

Foreseeable.

33. The lowest level of scrutiny applied by the courts in its substantive due process analysis and equal protection analysis is:

Intermediate Review

Strict scrutiny

Rational Basis Review

None of the above

34. Mark lives in California. While visiting Oregon he is in a car accident and hits Jill's car, causing $85,000 in damage. Jill is a Citizen of Oregon. Mark is testifying in court regarding the accident. Where could Mark be testifying?

State court of appeals

State trial court

Federal District Court

b or c

35. Corn-on-the Cob catering company is a large corporation specializing in catering services. Corn-on-the Cob is incorporated in Delaware. Its principal place of business / headquarters is located in Oregon. It has offices in California, Arizona, and Texas. What state would have personal jurisdiction over Corn-on-the Cob?

Delaware

Oregon

California

Arizona

Texas

All of the above

36. Same facts as number 35 above. In what state is Corn-on-the-Cob considered "domiciled" (or a resident) for purposes of a Federal Court taking jurisdiction based on diversity?

Delaware and Oregon

California, Arizona, and Texas

Delaware, only

a&b

37. Gary lives in Illinois. He works for a company based in Arizona. He learns that certain managers in the company are engaging in illegal activity. He exposes the actions of the managers and his employment is terminated (he is fired) as a result, which is a violation of federal and state statutes. He files a lawsuit against his employer under the state and federal laws. Can he sue in Federal court?

Yes, absolutely.

Yes, but only if he seeks damages of at least $75,000. Otherwise he must

sue in state court.

c. Yes, but only if the Missouri company agrees. Otherwise he must sue in

state court.

d. No.

38 In a court case, this is the process during which the parties seek to gather more facts that might help them when they put on their cases at trial:

Complaint

Discovery

Appeal

Motion

39. When someone does not live in a state or have property in the state, the state must rely on _________________________ to obtain jurisdiction over the person.

In rem jurisdiction

Full Faith and Credit

Stare Decisis

The state's long-arm statute

40 State and federal laws can regulate in the same area if:

The state and federal laws do not conflict

The state and federal laws do not conflict and the federal government has not

indicated a desire to exclusively regulate in the area c. never

d. The state and federal laws do not conflict and the state government has not indicated a desire to exclusively regulate in the area.